Legal Opinion

People v. Yopp

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1988PublishedCited by 2 opinions

1Opinion of the Court

Judgment affirmed. All concur, Dillon, P. J., not participating. Memorandum: The recent, unexplained, exclusive possession of the fruits of the crime entitled the jury to infer that defendant committed the larceny and burglary (see, People v Shurn, 69 AD2d 64, 68-69; see also, Knickerbocker v People, 43 NY 177; People v Donaldson, 107 AD2d 758; People v Measheaw, 108 AD2d 952). The requirement that defendant’s possession be exclusive was satisfied by possession which was joint with others with whom he acted in concert (see, People v Shurn, supra, at 69).

The court did not err in refusing to…

2Cases cited5 opinions

  1. People v. GonzalezNew York Court of Appeals · 1986
  2. Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
  3. People v. ShurnAppellate Division of the Supreme Court of the State of New York · 1979
  4. People v. DonaldsonAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. MeasheawAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by2 opinions

  1. People v. GrayAppellate Division of the Supreme Court of the State of New York · 1992
  2. People v. PitkinAppellate Division of the Supreme Court of the State of New York · 1999

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